Bikash Pandit @ Bikash Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10451 of 2018 Arising Out of PS.Case No. -726 Year- 2015 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================

1. Bikash Pandit @ Bikash Kumar, S/o Jugeshwar Pandit @ Yugeshwar Pandit, R/o Village- Piprahi, P.S.- Gamharia, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Madho Devi, W/o Gopal Pandit, R/o Village- Piprahi, P.S.- Gamharia, District- Madhepura.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 27-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Complaint Case No.726 of 2015 instituted for the offence under Section(s) 147, 149, 323, 341, 354, 504, 506 Indian Penal Code. Counsel for the petitioner has submitted that instant case is counter blast of Gamharia P.S. Case No.119 of 2015 filed by co-accused, Rajesh Pandit, for the same date of occurrence against the present prosecution party. Police has submitted charge-sheet in the aforesaid case against the accused persons on 23.07.2016. Co-accused, Rajesh Pandit, sustained grievous injury in that case.

In the instant case, there is allegation that on 07.07.2015, the petitioner and others assaulted the Complainant

Patna High Court Cr.Misc. No.10451 of 2018 (2) dt.27-02-2018 2/2 and her husband with fists and slaps and also pushed down the Complainant and attempted to outrage her modesty. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Complaint Case No.726 of 2015, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, III, Madhepura, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T